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Home » Archive » The Exclusive Jurisdiction Of The Administrative Courts On The Sporting Legal System: Rationale, Features And Limits

Enrico Lubrano
The Exclusive Jurisdiction Of The Administrative Courts On The Sporting Legal System: Rationale, Features And Limits
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The main purpose of this paper is to analyze the exclusive jurisdiction that the administrative courts have over the sporting legal system, under Law No. 280/2003 – a jurisdiction that is re- garded as unusual in multiple respects. Firstly, it is a jurisdiction over acts issued by persons of a variety of different natures, such as the Italian National Olympic Committee (CONI), a public authority; and the national federa- tions of individual sports, which are private associations that, while they operate in the public interest to promote and organize the respective sports, are not formally recognized as public-law bodies. Secondly, it is a jurisdiction that may be brought to bear on- ly where the matters at issue in the case are of (legal and econom- ic) relevance, and only where all three instances of sporting justice have been exhausted. Thirdly, it is a jurisdiction that is subject to significant limi- tations in some of the key areas in which the sporting legal system reaches determinations, such as with respect to sporting discipli- nary matters, where the administrative courts’ jurisdiction is re- stricted entirely to the award of compensation, as the Constitu- tional Court ruled in its Judgments, Nos. 49/2011 and 160/2019.

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